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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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what does theft by recieving mean and how serious is this

Resolved Question:

what does theft by recieving mean and how serious is this and
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.

Hi

 

The GA law

 

16-8-7

(a) "A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. 'Receiving' means acquiring possession or control or lending on the security of the property.

(b) In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief."

 

The penalty ranges from 1 to 20 years depending on what type of property is involved.

 

Customer: replied 6 years ago.

what if it is a first offense

 

Expert:  Samuel II replied 6 years ago.

Hi

 

If it is a first offense, then there is always a possibility of probation and a suspended sentence. It depends on what the property was and if the District Attorney is willing to negotiate a plea agreement

 

Additionally, here is information on affirmative defense which may help you

 

§ 16-8-10. Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-7


It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-7 that the person:

(1) Was unaware that the property or service was that of another;

(2) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or

(3) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented

 

 

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